[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR231.0]



[Page 495]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 231_RAILROAD SAFETY APPLIANCE STANDARDS--Table of Contents

 

Sec.  231.0  Applicability and penalties.



    (a) Except as provided in paragraphs (b) and (c) of this section, 

this part applies to all standard gage railroads.

    (b) This part does not apply to:

    (1) A railroad that operates only on track inside an installation 

which is not part of the general railroad system of transportation; or

    (2) Rapid transit operations in an urban area that are not connected 

with the general railroad system of transportation.

    (3) Freight and other non-passenger trains of four-wheel coal cars.

    (4) Freight and other non-passenger trains of eight-wheel standard 

logging cars if the height of each car from the top of the rail to the 

center of the coupling is not more than 25 inches.

    (5) A locomotive used in hauling a train referred to in paragraph 

(b)(4) of this section when the locomotive and cars of the train are 

used only to transport logs.

    (c) Except for the provisions governing uncoupling devices, this 

part does not apply to Tier II passenger equipment as defined in Sec.  

238.5 of this chapter (i.e., passenger equipment operating at speeds 

exceeding 125 mph but not exceeding 150 mph).

    (d) As used in this part, carrier means ``railroad,'' as that term 

is defined below.

    (e) Railroad means all forms of non-highway ground transportation 

that run on rails or electromagnetic guideways, including (1) commuter 

or other short-haul rail passenger service in a metropolitan or suburban 

area, and (2) high speed ground transportation systems that connect 

metropolitan areas, without regard to whether they use new technologies 

not associated with traditional railroads. Such term does not include 

rapid transit operations within an urban area that are not connected to 

the general railroad system of transportation.

    (f) Any person (an entity of any type covered under 1 U.S.C. 1, 

including but not limited to the following: a railroad; a manager, 

supervisor, official, or other employee or agent of a railroad; any 

owner, manufacturer, lessor, or lessee of railroad equipment, track, or 

facilities; any independent contractor providing goods or services to a 

railroad; and any employee of such owner, manufacturer, lessor, lessee, 

or independent contractor) who violates any requirement of this part or 

causes the violation of any such requirement is subject to a civil 

penalty of at least $550 and not more than $11,000 per violation, except 

that: penalties may be assessed against individuals only for willful 

violations, and, where a grossly negligent violation or a pattern of 

repeated violations has created an imminent hazard of death or injury to 

persons, or has caused death or injury, a penalty not to exceed $27,000 

per violation may be assessed. Each day a violation continues shall 

constitute a separate offense. See appendix A to this part for a 

statement of agency civil penalty policy.

    (g) Except as provided in paragraph (b) of this section, Sec.  

231.31 also applies to an operation on a 24-inch, 36-inch, or other 

narrow gage railroad.



[54 FR 33229, Aug. 14, 1989, as amended at 63 FR 11623, Mar. 10, 1998; 

64 FR 25660, May 12, 1999; 66 FR 4192, Jan. 17, 2001; 69 FR 30594, May 

28, 2004]